Diving Courses and Dive Trips - Terms and Conditions
All courses require a completed PADI Diving Medical Statement which can be downloaded below. The participant must answer all the questions with 'Yes' or 'No'. If any questions require a “Yes” answer then a signature from a physician on the back of the form is required to confirm the participant is fit to dive. If this is not done prior to attending the course we are unable to allow the participant to dive and cancellation fees will be incurred.
To book the course we require full payment in advance unless an alternative payment scheme is agreed in advance in writing. Once booked your courses is non-refundable. If more than two weeks notice is supplied we will be happy to change the course to an alternative date but this is subject to availability. If you are prevented from attending due to a long term illness then we will refund the full cost of the course less a £25 administration charge providing you provide a valid and relevant doctor’s letter. Only the person(s) who is/are unfit to dive is entitled to receive a refund, if you will be fit to dive again within 6 months then we we will reschedule your course to a date where you are fit enough to dive. Failure to arrive within 15 minutes of the start of your course will result in the cancellation of your course.
For UK dive trips a deposit will secure your space and final payment is required 4 weeks prior to departure. Overseas holidays will be subject to the terms and conditions of the suppliers we use.
General terms and conditions
1. The contract between us
We must receive payment of the whole of the price for the services that you order before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to [insert your business name]. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
The services will be provided within an agreed timescale, and time is not of the essence of the contract.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for services that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.
10. Cancellation rights
10.1 Once booked your course is non-refundable unless for medical reasons stated in the summary at the beginning of this article.
10.2 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
10.3 Should you wish to cancel your diving course or trip you must notify us in writing by any durable medium (for example letter sent by post or e-mail). If you change dates between 2 weeks and 48 hours of the start of your course then then there is a £25 admin fee. If you provide less than 48 hours notice then there is a £150 rebooking fee.
10.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
11. Cancellation by us
11.1 We reserve the right not to process your order if:
11.1.1 We have insufficient staff or resources to deliver the services you have ordered;
11.1.2 We do not provide services to your area; or
11.1.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
11.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
12.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
12.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
12.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from time to time.
14. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
15. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Oyster Diving are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
· To register you with our website and to administer it.
· For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
· In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
· If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Basin Road North